Azalea Gardens Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1398

Azalea Gardens Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1398

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision to grant consent to the amended development application subject to conditions was one the Court could make in the proper exercise of its functions, including because the identified pre-jurisdictional requirements were met, the proceedings were disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
27 August 2019
Procedural Posture
Class 1 Development Application Appeal / Orders Made Following Agreement Reached at Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'seniors Living' 'conciliation Conference' 'development Consent' 'amended Plans' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'seniors Living' 'conciliation Conference' 'development Consent' 'amended Plans' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Orders Made Following Agreement Reached at Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether leave should be granted to amend the development application and rely on amended plans.' 'Whether the Court could grant development consent to the amended application subject to conditions in the proper exercise of its functions following a s 34 agreement.' 'Whether pre-jurisdictional requirements for approval of the amended seniors living development were met.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision to grant consent to the amended development application subject to conditions was one the Court could make in the proper exercise of its functions, including because the identified pre-jurisdictional requirements were met, the proceedings were disposed of in accordance with that agreement.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The applicant is granted leave to amend the development application and rely on the amended plans referred to in Condition 1 of Annexure "A" to this agreement.' "The applicant is to pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or...